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FAO HEARING AFTER FDR

  • mm
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08 Oct 22 #520082 by mm
Topic started by mm
Dear sirs

My FDR was held last september remotely.

Problems that I faced during the FDR:
1. no internet or wifi in our area
2. Had no time to read the e bundle that was just sent previous evening by the respondent's solicitors
3. Most of my relevant documents were not added to the ebundle
4. I agreed to the consent reluctantly, but could not speak due to mind fog.

On return of the wifi after 3 days, I noticed
* 15 bank accounts denied in form E and supplement questionnaire were mentioned in form ES2 with just closing balances. (12 months statements was avoided disclosure)
* rental accounts were manipulative with doggy expenses to depict less profits
* Respondent had bought a new accomodation for himself in a family member's name.

Since we could not accept the Consent Order within the given timeframe, we are given an hour's attended hearing at the court shortly.
My question:
# Can i now prepare my bundle and submit to the courts with exhibits?
# Should i notify the courts about the nondisclosure of 15 bank accounts and doggy rental expenditure?
# What would happen in the FAO now?
# what is better ? deploying a counsel or representing the case myself?

Any expert knowledge and guidance on the above is urgently requested.
Wikivorce has been my fountain of inspiration and knowledge since I filed my divorce.

Indeed grateful to the entire team at wikivorce.

Sincerely yours
MM

  • hadenoughnow
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12 Oct 22 - 12 Oct 22 #520090 by hadenoughnow
Reply from hadenoughnow
What did the order/notice of hearing say about the purpose of it?

Have you written to the other side requesting full disclosure of all these accounts?

Did you get updating disclosure ahead of FDR? Were you sent the ES1 and ES2 for your input?

Do you think the things you mentioned would make a material difference to any settlement?

Depending on what the order/notice says, it may be appropriate for you to provide a position statement to the court and other side. This would succinctly set out the issues and the directions sought from the court.

If only the respondent is represented it falls to their solicitor to prepare the bundle. You should be given a draft index several days in advance so you can give your input.
Last edit: 12 Oct 22 by hadenoughnow.

  • mm
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12 Oct 22 #520093 by mm
Reply from mm
Dear friend
Greatly appreciate your response.
The draft consent order is provided already. But as I mentioned the above points are the shortfalls. 15 bank accounts were demanded by me in the questionnaire and the supplementary questionnaire but he denied having them. however, All of these accounts were mentioned in ES2 with just balances.

ES2 was not sent to me, it was just added in the bundle. (i had no knowledge of this form at all until the fdr)hearing hence could not submit)
The index too was sent 2 days prior to the hearing. E bundle too was forwarded on the previous evening before the hearing. His ES2 was uptodate with each and every column under wife totally blank. (thus giving a negative impact of me to the judge)

I hired a senior counsel, but she did not provide me with details of documentations until after the fdr hearing.

Judge stated: respondent keeps all the 5 rental properties (3,10,000 each with 60% mortgage on each) plus rental income and pension of £750 pm.
I be given the family flat of £340,000 mortgage free and a lumpsum of £20,000.
I agreed, but dont know what to do now?
Greatly confused!
The FAO hearing says application to costs.
Can you suggest who bears the costs please? and how much would it be approximately for his counsel + solicitor?

I was wondering whether I could write an email to the judge directly? and explain him.
Is it worth and allowed?

Your valued guidance will prove to be like Angel's footsteps in a dark night !

With gratitude

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